Who runs Britain? When Boris Johnson’s lawyers made their case in front of the Supreme Court this week, defending his right to prorogue parliament, they in effect brought it back to this simple question. This was a controversy for politicians to settle, not courts. Judges, they said, should think twice about ‘entering the political arena’ and unsettling the UK’s ‘careful constitutional and political balance’. He may be the first prime minister to frame the matter so starkly, but no previous prime minister has had to. This is about far more than Brexit. Britain is witnessing political litigation on a hitherto unseen scale.
We have a government that has lost a working majority and is being forced by legislation to act against its own central policy. We have a House of Commons that nonetheless refuses to withdraw confidence in the government or allow a general election. We have the Queen who, in Balmoral a few weeks before, granted through her privy council an order to prorogue parliament: a politically controversial decision but in one way a standard procedure.
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